Building Workforce Solutions, L3C dba TEACH Construction

End-User License Agreement (“Agreement”)

Last updated: April 1, 2020

 

Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using the TEACH Construction/TradeSkillsU.com Learning portal.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application. Application means the software program or learning portal provided by the Company downloaded by you to a Device, named TradeSkillsU.com Company or TSU (referred to as either “the Company”, “TSU”, “TEACH” “We”, “Us” or “Our” in this Agreement) refers to TEACH Construction or TradesSkillsU.com, 7439 West Frost Drive, Littleton, CO 80128.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available to You

User-Generated Content refers to content such as text, images, or other information posted, uploaded, linked to or otherwise made available by You, or those you allow to use the System regardless of the form of that content.

Country refers to: Colorado, United States

Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.

Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

You (referred to as “you”, “You” or “End-User” means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Acknowledgment

By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download or do not use the Application.

This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

License

Scope of License

The Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application and/or learning portal strictly in accordance with the terms of this Agreement.

The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

License Restrictions

You agree not to, and You will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or learning portal or make the Application or learning portal available to any third
  • Copy or use the Application or learning portal for any purpose other than as permitted under the above section ‘License’.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application or learning
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application or learning

Content

Content Restrictions

The Company is not responsible for the entries, information or content of the Application’s or learning portal’s users. You expressly understand and agree that You are solely responsible for the User generated Content and for all activity that occurs under your account, whether done so by You or any third person using your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted
  • Spam, machine – or – or randomly – – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third
  • False information and

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Agreement, refuse or remove any Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Application or learning portal if you post such objectionable Content.

As the Company cannot control all content posted by users and/or third parties on the Application or learning portal, you agree to use the Application or learning portal at your own risk. You understand that by using the Application or learning portal You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

TSU shall not be liable for any loss or damage caused by external events or circumstances beyond its control, including the acts of third parties, equipment failure, internet service interruptions, or force majeure. TSU provides no warranty, express or implied, and shall have no liability for any loss or damage suffered by Licensee or its End-Users. TSU shall not in any case be liable for any consequential damages incurred by Licensee. In no circumstance shall TSU’s liability exceed the amounts paid to TSU by You

Intellectual Property

End-User is aware that Content presented as part of the Application, Learning Portal or its Courses is protected by intellectual property rights owned by TSU or third parties.

TSU or its third-party licensors will retain all right, title and ownership in Application, the Learning Portal, the Course, and the Content, along with the custom domain name(s) assigned to the same. End-Users will not engage in any activity that interferes with or disrupts the Application, Learning Portal or any Courses (or the servers and networks that host the Application or Portal or that are connected with any elements thereof). End-Users will not reproduce, duplicate, copy, sell, trade or resell any of the elements or the Content of the Application, Learning Portal or Course for any purpose.

End-Users may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Application, Learning Portal or Courses Content (either in whole or in part). End-Users may not remove any product identification, proprietary, copyright or other notices contained in the Content or use any equipment, device, software or other means designed to circumvent or remove any form of enrollment key or password or attempt to access the Application, Learning Portal or any Course without use of the enrollment key provided by TSU.  End-user agrees that it will not attempt to use the ideas and other intellectual property contained in the Application, Learning Portal or the Course to develop an educational program that is competitive with any TSU offerings.

The Application or learning portal, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.

The Company shall not be obligated to indemnify or defend You with respect to any third-party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company.

The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application. Learning Portal or any service to which it connects, with or without notice and without liability to you.

Updates to the Application

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades, and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Maintenance and Support

The Company does not provide any maintenance or support for the download and use of the Application or Learning Portal, unless expressed otherwise in writing to the End-User. To the extent that any maintenance or support is required by applicable law, the Company shall be obligated to furnish any such maintenance or support.

Third-Party Services

The Application or Learning Portal may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties’ Terms of agreement when using the Application or Learning Portal. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.

Privacy Policy

The Company collects, stores, maintains and shares information about you in accordance with Our Privacy Policy: https://teachconstruction.org/privacy-policy/

By accepting this Agreement, You acknowledge that you hereby agree and consent to the terms and conditions of Our Privacy Policy.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application or Learning Portal and all copies thereof from your Device or from your computer.

Upon termination of this Agreement, You shall cease all use of the Application or Learning Portal and delete all copies of the Application from your Device.

Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, Learning Portal or Course, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, Learning Portal or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e- mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section 11 shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.

TSU shall use its best efforts to maintain the Portal and Course so that the End-Users have access to the Course and its Content. TSU makes no warranties or assurances, express or implied, that the Content within the Application, Learning Portal or Course will meet the requirements of any school, organization, individuals or regulatory requirements, performance standards, performance metrics, teaching standards or course requirements. Nothing contained on the Portal or any Course is intended to be a replacement for professional instruction and training. The materials, videos, images and assets that make up the Content in the Application, Learning Portal or any Course may not be suitable for all instructional programs. All persons and entities accessing the Application, Learning Portal or any Courses do so on their own initiative and are responsible for compliance with applicable local laws and regulations. TSU AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT END-USER’S USE OF THE APPLICATION, LEARNING PORTAL OR ANY COURSES WILL MEET END-USER’S REQUIREMENTS, THAT END-USER’S USE OF THE APPLICATION, LEARNING PORTAL OR ANY COURSES WILL BE UNINTERRUPTED, TIMELY, AND SECURE OR FREE FROM ERROR, OR THAT ANY INFORMATION CONTAINED IN THE APPLICATION, LEARNING PORTAL OR ANY COURSES WILL BE ACCURATE OR RELIABLE. NO ADVICE OR

INFORMATION, WHETHER ORAL OR WRITTEN, CONTAINED IN THE APPLICATION, LEARNING PORTAL OR COURSES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION, LEARNING PORTAL or COURSES,

INCLUDING WITHOUT LIMITATION, THE COURSE, IS AT USER’S OWN DISCRETION AND RISK. LICENSEE AND ITS END USERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM(S) OR OTHER DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THIS PORTAL.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or  in any way related to the use of or inability to use the Application, Learning Portal, third- party software and/or third-party hardware used with the Application or Learning Portal or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

Risk of Loss

End-User recognizes that the Application, Learning Portal and Course materials are related to construction activities, tools, power tools, equipment, etc., which can be inherently dangerous and may cause harm, injury, damage, property damage or death. End-User will be solely responsible for any harm, injury, damage, property damage or death to its End-Users and will indemnify and hold harmless TSU, its officers, directors, members, partners, managers, and employees from any and all claims, loss or damage of any kind resulting from use of the information contained in the Application, Learning Portal or the Course.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Product Claims

The Company does not make any warranties concerning the Application.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.

Contact Us

If you have any questions about this Agreement, You can contact Us: